Dealing with a Witness’s Baggage
You’ve got a problem. A big problem. Your witness has some fantastic information that is going to put your case over the top. Unfortunately, he’s also going to bring some pretty significant baggage with him to the witness stand. It might be a conviction for perjury, perhaps a damning prior conviction, or maybe he’s even placed a $100,000 bet riding on the outcome of the case — whatever the baggage is, it’s bad. So… what are you going to do? Are you going to bury your...
Read MoreAsking for help… the right way
Every day, in courtrooms across the country, young attorneys are conducting brilliant examinations. During direct examination, they’re asking questions that grab the factfinder’s attention, paint a vivid picture of the scene, and elicit facts that persuade judges and jurors to believe the witness’s version of events. During cross-examination, they’re pinning witnesses down on inconsistencies, impeaching witnesses’ credibility, and showing jurors why the witnesses’...
Read MoreThe Witness Forgot (again!)
We’ve previously talked about what to do when your witness temporarily forgets what they’re supposed to say (“What to Do When Your Witness Forgets”), but what can you do when your witness seems to have permanently forgotten what happened? Before we begin, let’s start with the assumption that your witness honestly has no recollection of what happened, and isn’t intentionally “forgetting.” (If your witness is trying to side-step perjury charges by saying he “doesn’t...
Read MoreHow to Bring Your Opening Statements to Life
No matter how exciting the next Super Bowl will be, it will lose its impact if you you watch it on a TiVo or DVR re-run. But why? The plays will be the same, the players will be the same, and the coaches will be the same. Why would you care less about the replay than you would about the live event? The difference between the two is suspense. When you watch the replay, you already know that the outcome has been decided. It won’t have the same sense of excitement. When you watch something unfold for...
Read MoreSticking Thoughts in Your Jurors’ Brains
Two hunters are out in the woods when one of them collapses. He doesn’t seem to be breathing and his eyes are glazed. The other guy whips out his phone and calls the emergency services. He gasps, “My friend is dead! What can I do?” The operator says “Calm down. I can help. First, let’s make sure he’s dead.” There is a silence, then two gunshots are heard. Back on the phone, the guy says “OK, now what?” The first...
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